Gujarat HC division bench stays order quashing ban on non-veg food near Somnath Temple

A ban on the sale of non-vegetarian food in the vicinity of the Somnath temple was struck down by a single judge of the Gujarat High Court but within hours the single judge’s order was stayed by a division bench, which allowed the ban to continue for now. The development took place on Friday. (October 30).

Division bench stays single judge's order

The order was stayed by a division bench of Chief Justice Manash Ranjan Pathak and Justice Nirzar Desai after the state government responded to the single judge’s order by moving an urgent appeal. The division bench then stated that the Collector's notification banning the sale of non-veg food will continue for now and posted the matter for December 28.

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Earlier in the day, Justice Thakore allowed petitions filed by the owners of hotels and restaurants operating near the Somnath temple in Gir Somnath district and set aside the notification.

The Collector's order prohibits the sale of non-vegetarian food along designated pilgrimage routes.

Ban covers temple vicinity, pilgrimage routes

The government immediately filed an appeal before the bench headed by Chief Justice Pathak, which stayed the single judge's order late in the evening.

The notification dated August 10, 2026 restricting the "preparation, storage and sale" of non-vegetarian food within a 500-metre radius of the Somnath temple along with six specifically identified roads connecting important religious destinations in the area that form part of the sacred Somnath pilgrimage circuit would continue, the bench said.

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"Considering the aforesaid submission as well as considering the fact that during the forthcoming Deepavali and the Gujarati New Year large the forthcoming Deepavali and the Gujarati New Year large number of devotees are likely to visit Somnath Temple, the Final Notification dated 10.08.2026 issued by the District Magistrate, Gir Somnath... shall remain in force till the returnable date and the order passed by the learned Single Judge... of 2026 today (30.10.2026) shall remain stayed until further orders," ordered division bench as quoted by the Bar and Bench.

State cites Somnath's religious significance

The state government submitted that the constitutional freedom to carry on a business did not mean a person can conduct every form of commercial activity at every location, irrespective of the religious, historical and cultural significance of the place.

Somnath is not an ordinary commercial town but has extraordinary spiritual importance for millions of Hindus, the government said.

(With agency inputs)